We handle many types of criminal defense cases, including check fraud. In Virginia, stiff penalties are imposed for check fraud, which is broken down into two separate felonies: forging and Uttering. It is also common for the prosecutors in these cases to have a high standard of proof (beyond a reasonable doubt), which is why it is crucial to contact an attorney immediately in these situations.
Our attorneys focus on analyzing and advising clients charged with these serious crimes, and our firm has a strong track record in these cases. We will be able to tell you very early whether or not the state has a strong case against you.
Forging and Uttering:
One of the most common forms of check fraud involves forging. Virginia is unique in its criminal laws regulating forging, separating the crime into two separate and distinct crimes, forging and uttering. Forging involves altering the signature or other information with the intent to defraud. Uttering is the attempt to use the forged document, with knowledge that the check was forged.
- You do not have to commit one to commit the other: You can forge a check and not utter it, and you can utter a check that you did not forge.
- Each of these crimes can be a felony: Even if you were only indicted of one or the other, you will probably be charged with a felony.
- Conviction of both usually means conviction of two felonies: Since forging and uttering are considered distinct and separate crimes, if you’re convicted of both, you’re convicted of two distinct and separate felony crimes.